1.1 The terms and conditions set out in this document and the application form completed as part of the account opening process, together with any supplementary terms which may be provided from time to time, and the particulars of any Confirmation, constitute your agreement with us (the “Agreement”) for the foreign exchange and related services provided by PE Global Partners LLC.
1.2 These terms and conditions (“Terms”) apply to all transactions and matters involving PE Global Partners LLC and your company (“Client”), regarding foreign exchange and related services. Client’s use or continued use of the Services constitutes Client’s acceptance of, and a contractual agreement to be bound by these Terms. These Terms supersede all prior written or verbal agreements. These Terms may be supplemented, amended or superseded by PE Global Partners LLC from time to time in PE Global Partners LLC sole discretion upon written notice to you or with immediate effect to the extent required under applicable law.
1.3 The PE Global Partners LLC DBA Paymentearth Program is sponsored by Community Federal Savings Bank, to which PE Global Partners LLC DBA Paymentearth is a service provider, except in certain states in which PE Global Partners LLC DBA Paymentearth is a licensed money transmitter (MSB) and is registered with the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Department of the Treasury Financial.
1.4 You may request a further copy of the Agreement or these terms and conditions at any time during the term of the Agreement. This Agreement and all communications between us under the Agreement shall be in English.
ACCOUNT OPENING PROCESS
2.1 Account Opening Process. All Clients must have a fully completed and approved application and other necessary account setup documentation on file with PE Global Partners LLC, including a list of designated persons authorized to initiate valid and legally binding funds transfer orders and other orders and instructions (including cancellations and amendments) (collectively, “Transactions”) on Client’s behalf. If Client will be placing transactions online, Client must also provide specimen signatures and oral, written and/or electronic passwords to be used to authenticate Orders. Client is responsible for safeguarding these passwords and agrees to be responsible for all use of such passwords. PE Global Partners LLC may in its sole discretion request additional account setup documents or information at any time, or approve, reject or terminate Client relationships, or suspend or cancel Services.
CONDUCTING BUSINESS WITH PE Global Partners LLC
3.1 Provision of Services. PE Global partners business involves the conversion of amounts from one currency into another currency, including Forward Contracts. PE Global Partners LLC will provide such part or parts of the Services as involves currency conversion and remittance as principal.
3.2 Reliance on Instruction. Client hereby authorizes PE Global Partners LLC to accept, act and rely upon any Instruction that PE Global Partners LLC reasonably believes to have been made by Client to provide the Services set forth in the Instruction from Client.
3.3 Trade Orders. By Placing a Trade Order with PE Global Partners LLC, Client agrees to the terms and conditions set forth in this Agreement and reaffirms Client’s representations and the accuracy of the information in the Client’s Account Application. Upon receipt of a Trade Order submitted in accordance with PE Global Partners LLC’s Trade Order process, PE Global Partners LLC will issue a Confirmation to the Client confirming the Trade Order as stated in the Confirmation. Client acknowledges that Client is solely responsible for the accuracy of the Trade Order and agrees to keep copies of any Trade Orders transmitted to PE Global Partners LLC. Client assumes all risks if the Trade Order is altered during its transmission, and agrees to carefully review the Confirmation. Subject to this Agreement, PE Global Partners LLC is under no obligation to provide any Service unless a Confirmation has been delivered to the Client.
3.4 Trade Confirmations. Client agrees to promptly notify PE Global Partners LLC if Client does not receive a Confirmation for its Trade Order or Delivery Instructions. Client agrees that to perform transactions for Client, PE Global Partners LLC must assume that Client’s instructions are those that appear on the Confirmation and therefore Client will meet its related financial obligations unless PE Global Partners LLC is informed by Client of the error or discrepancy prior to the execution of the Trade Order or release of payment according to Delivery Instruction.
3.5 Assignment of Interest. Client understands that no interest will be paid to Client by PE Global Partners LLC with respect to any funds held on behalf of Client (i.e., funds awaiting Instruction, funds maintained in a Holding Balance, Partial Prepayment’s, or Additional Partial Prepayments, etc.).
3.6 Means of Processing Orders. PE Global Partners LLC and its correspondent banks may use whatever intermediary banks, payments systems or methods PE Global Partners LLC deems commercially reasonable and appropriate for each Order. Client agrees to be bound by applicable law, regulations, clearing house rules or other rules or procedures of any funds transfer or communications system that is used in the transaction, including, but not limited to the Uniform Commercial Code and Federal Reserve, CHIPS and SWIFT rules, regulations and operating procedures. Client agrees that it may be necessary for PE Global Partners LLC to use one or more intermediary or correspondent banks or banking networks to complete each Order. While PE Global Partners LLC will make every reasonable effort in good faith to insure the rapid completion of each Order, PE Global Partners LLC is not responsible for the speed and timing of funds processing by other banks or systems beyond the control of PE Global Partners LLC. PE Global Partners LLC is not responsible for any fees that may be deducted by any intermediary or correspondent bank or by the beneficiary’s bank in association with any Order or returned Order.
3.7 Transmission and Acceptance of Orders. When placing Orders, Client will provide PE Global Partners LLC with all information PE Global Partners LLC may require via authorized electronic and non-electronic processes. Client agrees that PE Global Partners LLC may rely on such information provided in processing such Orders. Client agrees that any error in such information, including, but not limited to, incorrect beneficiary account number or name, beneficiary bank name, or other account, IBAN or routing or transit numbers are the Client’s sole responsibility and liability. PE Global Partners LLC may reject any Order if (i) PE Global Partners LLC determines, in good faith and in its sole discretion, that such Order is not authentic, (ii) PE Global Partners LLC does not receive sufficient funds from the Client to cover such Order by the PE Global Partners LLC operational deadline, or (iii) the Order is incorrect, incomplete or unsatisfactory to PE Global Partners LLC for any reason. All aspects of Orders (whether transmitted by Internet or otherwise), including, but not limited to, rates and fees, are subject to final approval and confirmation by PE Global Partners LLC. From time to time, PE Global Partners LLC may require Client to provide to PE Global Partners LLC additional information on its payment beneficiaries, purpose of payment, and payment volume so as to conform to PE Global Partners LLC’s compliance and “Know Your Customer” policies.
3.8 OFAC Screening. All Orders must be screened for compliance with U.S. Office of Foreign Assets Control (“OFAC”) regulations and other foreign regulations where PE Global Partners LLC or its affiliates conduct business. Should any party to an Order be or appear to be a sanctioned person or entity under OFAC regulations, PE Global Partners LLC may be required by law to block related funds or to reject the Order. PE Global Partners LLC shall not be responsible for applying to OFAC for a license to release any blocked funds or to complete any prohibited Order.
EXCHANGE RATES AND FOREIGN EXCHANGE
4.1 Exchange Rates and Foreign Exchange. PE Global Partners LLC will perform foreign exchange on behalf of the Client at exchange rates confirmed with the Client. PE Global Partners LLC will execute Client’s Orders in the currency requested by the Client. At the Client’s option, PE Global Partners LLC may provide daily multi-currency fixed exchange rates at fixed rates advised by PE Global Partners LLC to the Client. PE Global Partners LLC, in its sole discretion, shall determine the fixed exchange rates applicable for a given business day at the beginning of such business day; PE Global Partners LLC reserves the right, at any time and without prior notice, to amend such rates at its own discretion, and in such case PE Global Partners LLC will make reasonable efforts to communicate such amended rate to the Client.
FOREIGN EXCHANGE FORWARD CONTRACTS
5.1 Authorization. The Client hereby authorizes PE Global Partners LLC to enter into Forward Contracts based on Trade Orders from the Client in accordance with the terms and conditions of this Agreement. PE Global Partners LLC will provide the Client a Confirmation stating the details of the transaction. The Client acknowledges that each Forward Contract is governed by and subject to the terms and conditions of this Agreement and, upon acceptance by PE Global Partners LLC orally or in writing, that each constitutes a binding contract. Forward Contracts may not be cancelled by the Client once the Trade Order is placed with PE Global Partners LLC.
5.2 Regulatory Reporting. The Client acknowledges that PE Global Partners LLC will be relying on the information the Client provided above to comply with PE Global Partners LLC’s requirements under the Dodd-Frank Act. The Client authorizes PE Global Partners LLC to report all information about a Forward Contract entered into by the Client that is required to be reported to a swap data repository. Furthermore, Client agrees to notify PE Global Partners LLC promptly in writing of any changes regarding the information provided above (and, in any case, before entering into any forward contracts following such change).
5.3 Partial Prepayment for Contracts. Within 24 hours of a Client’s Instruction to enter into a Forward Contract, unless otherwise agreed in writing or in a Trade Order, PE Global Partners LLC must receive the Partial Prepayment from the Client. Should the Client fail to pay the Partial Prepayment within the required time, PE Global Partners LLC may in its sole discretion cancel the Forward Contract with immediate effect, or complete the transaction. In such circumstances, the Client will be liable to PE Global Partners LLC for any Losses.
5.4 Additional Partial Prepayment. PE Global Partners LLC may, unless otherwise agreed in writing or in a Trade Order, in its sole discretion request from the Client One or more Additional Partial Prepayment Amounts. The Client agrees to provide the Additional Partial Prepayment Amounts to PE Global Partners LLC within 24 hours of PE Global Partners LLC issuing any Additional Partial Prepayment Notice. Should the Client fail to pay any Additional Partial Prepayment Amounts as specified within the Additional Partial Prepayment Notice within the required time, PE Global Partners LLC may in its sole discretion cancel the Forward Contract with immediate effect, or complete the transaction. In such circumstances, the Client will be liable to PE Global Partners LLC for any Losses.
5.5 Risks Involved. The Client acknowledges that the foreign currency market is volatile. Client expressly accepts the risk that if the currency of the purchased funds weakens or strengthen during the period covered by the Forward Contract and is weaker/stronger on the Delivery Date, as applicable, the value of the amount of currency which the Client agreed to sell to PE Global Partners LLC may be less favorable than the current price for the purchased currency. The Client is aware that Forward Contracts purchased hereunder are not transactions subject to the regulations of the Commodities Futures Trading Commission.
5.6 Settlement Using Partial Prepayment. In the event of default in any payment by the Client, PE Global Partners LLC may satisfy any Losses, out of any Partial Prepayment or Additional Partial Prepayment Amount(s) or any other Payment held by PE Global Partners LLC on the Client’s behalf, or pursuant to any other obligations PE Global Partners LLC has to the Client, without prior notification to the Client. In the event Partial Prepayment is insufficient, the Client shall remain liable to PE Global Partners LLC for the remaining amount payable under Settlement and will promptly pay on demand the amount of any Losses. If Settlement is paid to PE Global Partners LLC electronically, the Client agrees that Settlement shall not be recalled by the Client without PE Global Partners LLC’s prior written consent.
5.7 Assignment of Interest. The Client understands that no interest will be paid to the Client by PE Global Partners LLC with respect to any funds held on behalf of the Client. In consideration for the Client’s use of the Services, the Client irrevocably transfers and assigns to PE Global Partners LLC or any of its related entities any ownership right that the Client may claim to have in any interest that may accrue with respect to any funds held on behalf of the Client. For avoidance of doubt, such assignment extends only to any interest earned on any such funds.
5.8 Not Futures Transactions. The Client is aware that Forward Contracts purchased are over-the-counter contracts and are not tradable on or guaranteed by, any licensed exchange or market.
CANCELLATION, AMENDMENT, AND RECALL OF ORDERS
6.1 No Cancellation by Client. Once a Trade Order has been placed with PE Global Partners LLC, a Trade Order may not be cancelled by Client without written approval from PE Global Partners LLC, whether such Trade Order was placed via telephone, facsimile, electronic mail, or otherwise.
6.2 Suspension or Trade Order Cancellation. PE Global Partners LLC may reject, suspend, disregard or cancel a Trade Order, or refuse to issue a Confirmation for a Trade Order, if PE Global Partners LLC believes, in its sole discretion, that; (a) the Trade Order is unclear; (b) the Trade Order requires any action by PE Global Partners LLC on a non-Business day; (c) the Trade Order was not authorized by an Authorized User; (d) consummation of the Trade Order would require PE Global Partners LLC to exceed the Facility granted to Client; (e) Client is in default of this Agreement; (f) performance of the Services would be unlawful or contravene the requirements of any government or regulatory authority; (g) Client is Insolvent; or (h) PE Global Partners LLC cannot reasonably provide the Services for reasons beyond PE Global Partners LLC’s reasonable control. Client agrees to indemnify, defend, and hold harmless PE Global Partners LLC from any Losses in connection with any Trade Order(s) that are defective for any of the foregoing reasons.
6.3 If a remittance transaction has been processed in accordance with incorrect payment instructions, at your request we will make reasonable efforts to recover the funds involved.
6.4 In the event PE Global Partners LLC seeks to revoke, cancel, recall, or amend a Trade Order at your request, you agree to be responsible for our fees and charges, any applicable fees or charges imposed by third parties or exchange rate differences involved in reversing, recalling, amending or cancelling the Trade Order (or seeking to reverse, amend or cancel a transaction).
ERRORS AND DISCREPANCIES
7.1 Client must promptly review each confirmation, advice or transaction history sent by PE Global Partners LLC and will promptly notify PE Global Partners LLC of any error, discrepancy, or irregularity (including any unauthorized Trade Order), not to exceed sixty (60) calendar days after such confirmation, advice or transaction is sent or made available. Client may not assert any claim against PE Global Partners LLC in connection with any errors, discrepancies or irregularities if (i) Client did not exercise reasonable care in examining such communication which reflected such errors, discrepancies or irregularities, or (ii) Client did not notify PE Global Partners LLC in writing and in a reasonably prompt manner, not to exceed sixty (60) calendar days after such communication is sent or made available, that Client disputes any information thereon or missing therefrom. Client shall provide PE Global Partners LLC with all information necessary for PE Global Partners LLC to investigate the error, discrepancy, or irregularity. Client may not institute any legal proceeding against PE Global Partners LLC for any such claim unless (a) written notice has been given in the manner as provided herein, and (b) such legal proceeding shall be commenced within six (6) months.
8.1 Payment of Balance Due. Client shall pay all amounts due to PE Global Partners LLC on the Balance Due Date. PE Global Partners LLC may refuse to deliver any funds to Beneficiary unless and until full Payment, in the form of good cleared funds, from the Client has been received by PE Global Partners LLC. Delivery of the funds purchased from PE Global Partners LLC will be made by PE Global Partners LLC upon the receipt of Payment of the Balance Due and the Client hereby accepts PE Global Partners LLC’s standing authority to deliver funds upon receipt of such Payment. Failure by the Client to make final Payment in full by the Delivery Date will result in Client’s liability as set forth in Section 13.2, including without limitation interest on the Balance Due, calculated at the Interest Rate. PE Global Partners LLC’s reserves the right to deduct said interest from the purchased funds and any funds in Client’s Account.
8.2 Non-payment. If the client fails to make payment for the transaction when required, PE Global Partners LLC may cancel the Trade Order or proceed with the transaction and take any and all steps necessary to recover the balance due. Client indemnifies and holds PE Global Partners LLC harmless from any and all Losses incurred by PE Global Partners LLC as a result of Client’s failure to pay the amount due, with daily interest accruing at the Interest Rate on all unpaid amounts.
8.3 Right of Offset. PE Global Partners LLC may satisfy or partially offset any liability that may arise against any collateral PE Global Partners LLC holds for the Client, or any obligation PE Global Partners LLC has to the Client, without prior notice to the Client. In the event such collateral is insufficient, the Client will remain liable to PE Global Partners LLC and will promptly pay on demand the amount of any Losses suffered by PE Global Partners LLC.
8.4 Payment Instructions. Provided that Client has fully paid for the funds purchased from PE Global Partners LLC and complied with this Agreement, PE Global Partners LLC will hold those funds until PE Global Partners LLC’s receipt of disposition instructions from the Client. The Client may initiate payments from the Account by providing instructions to PE Global Partners LLC. At its discretion, PE Global Partners LLC may require signed written instructions.
9.1 Use of Online System. In order to use the Online System, Client will be required to create an electronic account and agrees to provide PE Global Partners LLC with a written list of Users, or those Authorized Users that Client would like to access the system on Client’s behalf. Upon PE Global Partners LLC’s approval of such Users, PE Global Partners LLC grants such users a non-exclusive, non-transferable license to use our system for the sole purpose of accessing the Services. Users may have full or limited access to the Online System, in PE Global Partners LLC’s sole discretion. If Client desires for PE Global Partners LLC to terminate one of its User’s access to the system, Client agrees to issue such request in writing, to be confirmed by PE Global Partners LLC in writing. Without limiting this Section 14, until such time as PE Global Partners LLC confirms such User’s access has been terminated, such User may remain authorized and Client will remain responsible for any transactions placed and other activity by such User.
9.2 Access. PE Global Partners LLC will provide each User with a username and temporary password to access the Online System. It is the sole responsibility of Client and the User to safeguard the security of the User’s password, and the Client and User agree that User will change the temporary password to a unique password promptly upon issuance, and periodically change User’s password thereafter to ensure security. The Client agrees that its Users will not use the account of another person without permission and will provide accurate and complete information to PE Global Partners LLC in all circumstances. Client and the User expressly acknowledge and agree that such use is made in accordance with this Agreement and any additional user agreement or manual provided by PE Global Partners LLC, including maintaining any minimum operating and Internet browser requirements. PE Global Partners LLC may suspend, limit or terminate a User’s access or Client’s access to the Online System, without notice, at any time for any reason whatsoever, including without limitation violation of this Agreement or any reason set forth.
TERM AND TERMINATION
10.1 Term and Termination. In the absence of an express agreement to the contrary, PE Global Partners LLC may terminate this Agreement, and Client’s access to our systems with or without cause by giving at least five (5) Business Days’ notice to the Client, or immediately at any time without notice if: (a) The Client is Insolvent; (b) Applicable regulatory or law enforcement authority initiates a regulatory or enforcement action or investigation against the Client which, in the reasonable judgment of PE Global Partners LLC will materially impair the terms of the Agreement, the expected economic value of this Agreement, or the business reputation of PE Global Partners LLC; (c) In the event the Client breaches this Agreement, any terms of a Trade Order; or (d) In the event the transactions originating under this Agreement are deemed by PE Global Partners LLC, in PE Global Partners LLC’s sole discretion, to represent a regulatory compliance or business risk. Where the Agreement is terminated by PE Global Partners LLC, the Agreement remains in force until all funds owed by the Client to PE Global Partners LLC are paid in full.
REPRESENTATIVES AND WARRANTIES
11.1 Representatives and Warranties. The undersigned, on behalf of Client, represents and warrants that: (a) The undersigned has the authority to complete the Account Application and this Agreement on behalf of the Client; (b) All information on the Account Application is true and complete, and Client will promptly advise PE Global Partners LLC of any changes to such information. (c) Client will have legal title to all funds used in connection with Trade Orders entered into hereunder; (d) Client will fully comply with all applicable laws and regulations; (e) Client has all requisite authorizations and approvals to make any payments for the Services; (f) Client will enter into a Forward Contract, if at all, for risk management purposes and not speculation; and (g) the Client, a Corporation or any other form of legal entity, the undersigned and the entity each has the authority to enter into this Agreement, place Trade Orders, and enter into Forward Contracts and that all Authorized Parties are authorized to do so on Client’s behalf.
12.1 Regulatory compliance. Client agrees to use Services only for lawful purposes and in full compliance with applicable law and all other relevant laws, rules, regulations and codes of practice, as may now or hereafter be in effect, including without limitation those arising from the applicable laws or regulations pertaining to (a) filings, registrations, approvals, consents, licenses, authorizations, and reporting requirements; (b) anti-money laundering; (e.g. customer identification and “know your customer”; currency transaction reporting and recordkeeping, suspicious transaction and activity detection, monitoring and reporting); and (c) OFAC sanctions programs. Client represents and warrants that with respect to Service-related transactions (a) Client’s organization has an effective program (including, where appropriate, internal policies, training, procedures and controls) to reduce the risk of OFAC sanctions violations and money laundering (including transactions involving blocked persons, narcotics trafficking, terrorist financing, official corruption or fraudulent activity) and to prevent violations of the aforementioned laws; (b) all transaction details provided to PE Global Partners LLC are complete, truthful and accurate; (c) all Orders are initiated only from Client locations physically located within the United States of America; (d) Client will not allow any third party to re-sell, access or subcontract (e.g., through use of “payable-through” or “concentration” accounts) the Service to any other person or entity.
12.2 USA Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each customer who opens an account. When you open an account, we will ask for your Taxpayer Identification number. We may also ask you for certified articles of incorporation, a government-issued business license, a partnership agreement, a trust instrument or other identifying documents.
12.3 Limitation on Services. Client represents that the Services are being used for business/commercial purposes only.
USE OF INFORMATION, CONFIDENTIALITY AND DISCLOSURE
13.1 Personal Information. PE Global Partners LLC does not disclose non-public personal information about its Clients or former Clients, but may disclose such information in certain limited circumstances such as the following: (a) where it is necessary to effect, administer, or enforce a transaction requested or authorized by the Client, or in connection with servicing or processing a financial product or service requested or authorized by the Client, (b) where such sharing is reasonably necessary to protect the confidentiality or security of Client records, the services or products PE Global Partners LLC offers, or transactions PE Global Partners LLC processes or handles, (c) to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability, as well as for resolving Client disputes or inquiries or checking credit, (d) to comply with federal, state or local laws or regulations or other legal requirements, such as subpoenas or other legal process. The preceding list sets forth examples only, and is not meant to be comprehensive. PE Global Partners LLC also restricts access to Clients’ non-public personal information, except to those employees who need to know that information to provide products or services to the Client or fulfill certain obligations described above. PE Global Partners LLC also maintains physical, electronic, and procedural safeguards to guard Clients’ non-public personal information.
13.2 Permission and authorization is hereby granted by the Client to PE Global Partners LLC or its affiliates, and any credit or other information services company, and to State and Federal government representatives, without regard to whether they are listed herein, to verify, receive, exchange, and obtain business and other information as part of the application or at any time thereafter in connection with the ongoing application evaluation process, review of activity and/or collection of any obligation arising from the business relationship. Client further agrees that neither PE Global Partners LLC nor anyone who has furnished PE Global Partners LLC any information concerning Client shall be responsible for any losses or damages. Client may claim resulting from said verification, receipt, exchange, or obtaining of credit or other information. Client acknowledges that PE Global Partners LLC may be compelled to disclose information to a regulatory or supervisory authority (whether pursuant to an examination, audit or otherwise), or to a party entitled to such disclosure pursuant to a subpoena, restraining order, writ of attachment or execution, levy, garnishment, court or administrative warrant, or similar legal process affecting or relating to same served upon PE Global Partners LLC, and such legal process appears valid on its face to PE Global Partners LLC. Client shall indemnify PE Global Partners LLC and hold PE Global Partners LLC harmless from and against all claims, demands and costs resulting from, because of or in any manner regarding, such disclosure. Unless Client has instructed PE Global Partners LLC otherwise in writing, PE Global Partners LLC may disclose Client information (whether obtained from Client’s Service-related transactions or account setup) to other PE Global Partners LLC entities and affiliates to develop or offer to Client other products and services.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY.
14.1 DISCLAIMER. PE Global Partners LLC DISCLAIMS ANY AND LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR EXPENSES ARISING IN CONNECTION WITH ANY TRANSACTION ENTERED INTO WITH THE CLIENT PURSUANT TO THIS AGREEMENT, INCLUDING ANY FORWARD CONTRACT.
14.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PE Global Partners LLC BE LIABLE TO THE CLIENT OR TO ANY OTHER PARTY FOR LOST REVENUE, PROFITS OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF PE Global Partners LLC HAS BEEN INFORMED OF SUCH POTENTIAL LOSS OR DAMAGE AS A RESULT OF OR ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES OR IN ANY WAY CONNECTED TO THIS AGREEMENT THIS LIMITATION OF LIABILITY SHALL SURVIVE NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY OR LIMITED REMEDY. THE PARTIES AGREE THAT THE DISCLAIMER AND THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK, WITHOUT WHICH PE Global Partners LLC WOULD NOT HAVE ENTERED INTO THE TRANSACTION. THE LIMITATIONS OF LIABILITY STATED IN THIS AGREEMENT SHALL HAVE EFFECT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14.3 Indemnity. The Client hereby undertakes to comply strictly with the terms and conditions of this Agreement and to indemnify PE Global Partners LLC in respect to any Losses that may arise as a consequence of the Client’s breach of any representations and warranties or non-compliance with this Agreement.
COMMUNICATION AND NOTICES
15.1 Account activity reports, notices (including notice of any changes to this Agreement), disclosures and other communications may be sent to you electronically, by fax, in writing or made available online.
15.2 You agree that we may communicate with you electronically, via e-mail to your primary contact or other Authorized Users or via our website. We may send the communications by e-mail, post them on a website, through links provided on a statement or other notice, or any combination of these or other means. All such communications will be considered to have been provided in writing. You agree that it is your responsibility to access all such communications.
15.3 All mailed communications will be deemed received five (5) Business Days after the date of the mailing unless you receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including account activity reports will be deemed to be received on the day that we send the notification e-mail and/or post the electronic communication online even if you do not access the electronic communication for any reason. Fax communications will be deemed to have been received at the time of transmission.
15.4 You must inform us immediately if you change the address or other contact information (such as a postal or e-mail address and telephone or fax numbers) you have given to us. If we have been unable to deliver any communications or these have been returned, we will consider you in breach of this agreement and we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable.
15.5 If you choose to use unencrypted electronic mail to initiate payment requests or other instructions or otherwise communicate with us, your use of such electronic mail with respect to our Services will be subject to these Terms. You further agree to bear the risk that such electronic mail may be corrupted, modified, garbled or hacked or its confidentiality may be breached and that such reliance may result in a loss. In addition, you agree that we may rely on the integrity of facsimile transmissions that you send us and you agree to bear the risk that the information we receive differs from that sent to us, and that such reliance may result in a loss.
15.6 Telephone Recordings. To ensure that your instructions are carried out accurately, for customer service purposes, or in the interest of security and fraud prevention, we may, without giving you any further notice, record and/or monitor any of our telephone conversations with you, including Authorized Users. Such recording may be done in any form convenient to us. All telephone recordings are our sole property. We may retain all or any such recordings for such period as we consider appropriate and you agree that such recordings may be relied upon by us in the event of any dispute, including in any proceedings.
16.1 We do everything we can to make sure our clients get the best possible service. We do recognize, however, that this may not always be the case. When that happens we always encourage you to tell us so that we can put matters right.
16.2 If you are not satisfied with any aspect of our services, you can tell us about your concerns or make a complaint by contacting your Account Executive or our Compliance Department at PE Global Partners LLC
17.1 All copyright, trademarks, service marks, trade secrets, registered and unregistered design rights and other intellectual property shall remain at all times the sole and exclusive property of PE Global Partners LLC and you shall have no right or interest in or to any such intellectual property rights, except the right to access and use the Service as provided for in the Agreement. All rights not expressly granted to you are reserved.
GENERAL TERMS AND CONDITIONS.
18.1 Third Parties. This Agreement is not intended to, and shall not, confer upon anyone other than the Parties and their lawful successors and assigns any legal or equitable rights, benefits, claims or remedies of any nature.
18.2 No Waiver. PE Global Partners LLC ‘s failure to exercise any of its rights under this Agreement shall not be deemed a waiver of such rights or remedies at a later time.
18.3 Attorneys’ Fees. If either party brings an action or proceeding to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing party in any such action, proceeding, trial or appeal will be entitled to its reasonable attorneys’ fees to be paid by the losing party as fixed by the court.
18.4 Counterparts. This Agreement may be executed in one or more counterparts. Signatures may be exchanged by facsimile, with original signatures to follow. Each party to this Agreement agrees that it will be bound by its own facsimile signature or online signature and that it accepts the facsimile signatures or online signatures of the other parties to this Agreement.
18.5 Severability. If any provision hereof shall be held to be unenforceable by a court of competent jurisdiction, the remainder of the provisions hereof shall remain in effect and shall be binding upon the Parties.
18.6 Governing Law; Jurisdiction. The laws of Delaware govern this Agreement. Nothing in this Agreement shall limit the right of PE Global Partners LLC in its absolute discretion to bring proceedings in relation to any dispute or claim arising out of or in connection with this Agreement in the courts of any other jurisdiction. Client hereby waives any and all rights under applicable law to have a jury trial in connection with any action brought by Client to enforce its rights and remedies hereunder.
18.7 Assignment. Client shall not assign this Agreement nor any rights or obligations hereunder without PE Global Partners LLC’s written consent. If PE Global Partners LLC provides its written consent to any assignment of this Agreement, the Agreement shall be binding upon the successors, heirs, and assigns of the Parties.
18.8 Appendix A: BENEFICIAL OWNERSHIP REQUIREMENTS. GENERAL INSTRUCTIONS – What is this form? – To help the government fight financial crime, Federal regulation requires certain financial institutions to obtain, verify, and record information about the beneficial owners of legal entity customers. Legal entities can be abused to disguise involvement in terrorist financing, money laundering, tax evasion, corruption, fraud, and other financial crimes. Requiring the disclosure of key individuals who own or control a legal entity (i.e., the beneficial owners) helps law enforcement investigate and prosecute these crimes.
Who has to complete this form? – This form must be completed by the person opening a new account on behalf of a legal entity with any of the following U.S. financial institutions: (i) a bank or credit union; (ii) a broker or dealer in securities; (iii) a mutual fund; (iv) a futures commission merchant; or (v) an introducing broker in commodities. For the purposes of this form, a legal entity includes a corporation, limited liability company, or other entity that is created by a filing of a public document with a Secretary of State or similar office, a general partnership, and any similar business entity formed in the United States or a foreign country. Legal entity does not include sole proprietorships, unincorporated associations, or natural persons opening accounts on their own behalf.
What information do I have to provide? – This form requires you to provide the name, address, date of birth and Social Security number (or passport number or other similar information, in the case of foreign persons) for the following individuals (i.e., the beneficial owners):
(i) Each individual, if any, who owns, directly or indirectly, 25 percent or more of the equity interests for U.S. legal entities OR 10 percent of more for non-U.S. entities of the legal entity customer (e.g., each natural person that owns 10 percent or more of the shares of a corporation); and (ii) An individual with significant responsibility for managing the legal entity customer (e.g., a Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President, Vice President, or Treasurer). The number of individuals that satisfy this definition of “beneficial owner” may vary. Under section (i), depending on the factual circumstances, up to four individuals (but as few as zero) may need to be identified. Regardless of the number of individuals identified under section (i), you must provide the identifying information of one individual under section (ii). It is possible that in some circumstances the same individual might be identified under both sections (e.g., the President of Acme, Inc. who also holds a 30 percent equity interest). Thus, a completed form will contain the identifying information of at least one individual (under section (ii)), and up to five individuals (i.e., one individual under section (ii) and four 25 percent equity holders under section (i)).
19.1 Entire Agreement. This Agreement constitutes the entire agreement between Client and PE Global Partners LLC with respect to the
subject matter hereof and supersedes all previous negotiations, commitments, and writings. PE Global Partners LLC reserves the right, in its sole discretion, to change, amend, or otherwise modify this Agreement from time to time upon written notice to the Client. Any changes, amendments, or modifications so conveyed to the Client shall be effective as to transactions entered into by the Client from the date such modification goes into effect.
This agreement (the “Agreement”) sets out the terms and conditions governing your use of the PE Global Partners LLC DBA Paymentearth Service (the “Service”). The PE Global Partners LLC DBA Paymentearth Program is sponsored by Community Federal Savings Bank (the “Bank”), to which PE Global Partners LLC DBA Paymentearth is a service provider, except in certain states in which PE Global Partners LLC DBA Paymentearth is a licensed money transmitter. You may access the Service through the website with its home page located at www.Paymentearth.com/us (the “Service Website”). As used herein, the terms “Bank”, “we,” “us,” and “our” mean Community Federal Savings Bank, and “Paymentearth” means PE Global Partners LLC DBA Paymentearth. “You” and “your” means the person who is using the Services to transfer funds from a US bank account.
This is Your Contract with Us.Read this Agreement and keep it for your records. By accessing the Service Website or using the Service, you agree to the terms of this Agreement and agree that you will comply with all applicable
Eligibility and Registration. In order to use the Service, you first must register. As part of your registration and use of the Service, you represent and warrant that:
If an individual, you are of the legal age of majority in your jurisdiction, but in all events at least 18 years old;
You have full authority to enter into this Agreement;
You hold a US bank account that will be the source of funds for transfers using the Service and that, unless you are acting as an agent as set forth in Section 2.5, is held in your name and over which you exercise legal authority and control;
You will not be violating any laws or regulations by registering with us, entering into or by performing any part of this Agreement, or by otherwise using the Service;
You are not an agent acting for an undisclosed principal or third-party In the event that you are acting for a third party, you agree to provide us with certified copies of identification evidence of such authorizations that you have received from the third party and obtain our express approval before acting on that third party’s behalf;
All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information
You will ensure that your contact details provided at registration remain accurate and up to date. We will use those contact details to contact you wherever required under this Agreement or in connection with the Service. You may update your contact details at any time by logging in to the Service
Identity Verification Process. To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify and record information that identifies each person to whom we provide certain types of services. What this means for you when you use our Service we will require you to provide your name, address, date of birth, taxpayer ID, phone number, email address, and other information that will allow us to identify you. We may require you to provide documentation, which may include your passport, driver’s license, or other government issued photo identification document. We may also contact you if we have additional questions.
General Description of the Paymentearth Service. The Service enables the transmission of funds to recipients (“Recipients”) located in other countries in a currency other than United States Dollars (“USD”). Funds are transmitted to Recipients via electronic funds transfer, wire transfer or other electronic methods. The Service, as described herein, may be amended by us at any time, upon notice, as set forth above. Moreover, we retain full discretion to refuse to accept any user or to complete any instruction to send money (a “Transaction”) at any
Compliance with Office of Foreign Assets Control (“OFAC”). All U.S. persons, including U.S. banks, bank holding companies, and non-bank subsidiaries, must comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds, if you are a Specially Designated National, or fall into the scope of a country- based sanction
The Service offered generally includes two types of orders:
Fixed Target Payment Orders, where you instruct us to transfer a specific amount of foreign currency (not U.S. dollars) to a
Fixed Source Payment Orders, where you instruct us to convert a specific amount of U.S. Dollars into a specified foreign currency and then to transfer the resulting converted amount to the
Unlawful and Other Impermissible Use. You agree not to use the Service for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to report suspected unlawful activity to any appropriate regulatory or similar authority or person and to provide such authority or person any relevant information, including personal
More specifically, you are not allowed to use our Services in connection with:
the creation, facilitation, sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where the customer lacks such a license;
the creation, facilitation, sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in the jurisdiction in which customer operates, or your jurisdiction;
the creation, facilitation, sale or distribution of any material that promotes violence or hatred;
the creation, facilitation, sale or distribution of adult content, including, but not limited to, online dating or marriage services, pornographic services and goods, adult entertainment related activities, or escort services;
the creation, facilitation, sale or distribution of goods or services that violate the intellectual property rights of a third party;
the sale, distribution or exchange of cryptocurrencies;
any Ponzi-scheme or pyramid selling;
any gambling or regulated financial services you or the customer may provide;
the facilitation, sale or distribution of firearms or other weapons, military or semi-military goods, military software or technologies, chemicals, prescription medications, seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones;
casinos and card rooms, except licensed, U.S. institutions that do not accept cash;
outbound telemarketing; and
online payday lenders.
Multiple Registrations. Multiple registrations are prohibited. You may register only once, and each user must maintain a separate registration. If we detect multiple active registrations for a single user, we reserve the right to merge or terminate the registrations and refuse you all continued use of the Service without notification to
Payment Methods. We only accept payment for your transfer via ACH Pull Direct Debit, or, if you choose to initiate the transfer of funds from Your Bank Account, an ACH Push or domestic Wire Transfer. No other payment methods are accepted, including cash, mailed check, or electronic
1. Payment by ACH Pull Direct Debit
If you choose to pay for your transfer using our ACH Pull direct debit feature, you will need to provide your bank account details, including your bank account number and routing number (each such bank account is deemed “Your Bank Account”).
When you choose to pay for your transfer using our ACH Pull direct debit feature and provide Your Bank Account details, you represent that Your Bank Account payment details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from Your Bank
When you choose to pay for your transfer using our ACH Pull direct debit feature and by providing Your Bank Account details and requesting a Transaction, you authorize us to initiate electronic credits and debits to Your Bank Account through the automated clearinghouse (ACH) network in order to process the requested Transaction, including any applicable fees and charges.
Your authorization shall remain in effect for any Transaction that you have authorized while a registered user with the Service unless canceled in accordance with this
2. Payment by Wire or ACH Push.
If you choose to pay for your transfer using the ACH Push or domestic wire transfer method, then your payment order will remain inactive until we receive your funds (the “Deposit Payment”) to our specified
Deposit Payments must be made to our specified account via ACH Push or domestic wire transfer. If for any reason your Transaction is cancelled or refused, then we will promptly return the deposit to the account from which it originated. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us by you through your Paymentearth registration.
10. Exchange Rates.
The “Transaction Amount” is the amount that you send from Your Bank Account in an ACH Pull Transaction or the Deposit Payment in an ACH Push or wire transfer, minus any applicable fees and prior to any foreign exchange conversion.
Locked-In Exchange Rates. We always specify the exchange rate applicable to your Transaction at the time you submit your requested Transaction, and this exchange rate will be locked-in (the “Locked-In Exchange Rate”) for a period of 24 hours from the time you initiate your payment (the “Specified Period”). We will convert the Transaction Amount at the Locked-In Exchange Rate, provided that your Transaction Amount reaches our specified bank account within the Specified
Unlocked Exchange Rates. If the Transaction Amount reaches our specified bank account after the Specified Period, we will convert your funds at the Unlocked Exchange Rate, as defined below, which means that the exchange rate could be higher or lower than the Locked-In Exchange
We make reasonable efforts to align Unlocked Exchange Rates with the mid-market rate in global currency markets at the time of conversion. PE Global Partners LLC DBA Paymentearth relies on aggregated third-party information, and we do not guarantee that the rates match any particular benchmark source at any given time. We are not liable if the amount received by the Recipient is less than anticipated as a result of changes in the global currency markets.
We calculate our rates using a transparent price model, and an agreed upon spread we disclose to you. This spread represents the cost of the service. The only additional fees you pay us for the Service are the Transaction Fees ($10 per foreign denominated wire, and $30 per U.S. denominated wire) and Administration Fees described in Section 14 of this
Transaction History. You can access the details of all your Transactions and other information relating to your use of the Service by logging into the Service Website (at http://www.paymentearth.com) and you must register an online account to do this.
Refused Transactions. We reserve the right in our sole discretion to refuse any Transaction. Reasons for refusal may include but are not limited to an inability to match your registration information with your bank account details, incorrect Recipient details or an insufficient deposit amount. We generally will attempt to notify of you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for the refusal and whether the problem can be corrected. We will not notify you of a refusal where to do so would be
Cancellation of Transactions. You may cancel your Transaction for a full refund (a) within 30 minutes of authorizing your Transaction or (b) at any time thereafter if the Transaction Amount has not yet been converted in accordance with your
Transaction Fees. We charge a fee on every Transaction. Fees relating to the Transaction are fully visible to you before you accept the Transaction. Further information on our fees are published on the Service website at http://www.paymentearth.com.
Transaction Fees do not include any fees that your bank or the Recipient’s bank may charge. Those fees may be deducted from your deposit (in the case of your bank) or the delivered amount (in the case of Recipient’s bank).
Administration Fee. An Administration Fee may be incurred when your Transaction is refused due to incorrect payment details, regulatory requirements or any other reason. (This fee is in addition to any amount your bank or the Recipient’s bank may assess.) Any Administration Fee will be deducted from your Transaction Amount. Our current Administration Fee for Refused Transactions is 8.00 USD per
Service Providers. We use agents and service providers to help us deliver the Service to you. For example, Paymentearth manages the Service on our behalf as our service provider. Among other functions, Paymentearth provides customer service and other functions and arranges delivery of funds to recipients abroad. Paymentearth is registered with Fincen as a Money Service Business with the following registration number 31000089730860 All services provided by Paymentearth are performed at the direction and subject to the supervision and control of the Bank.
Errors and Compromised User Credentials. Once Transactions have been executed, they cannot be reversed, and, except as expressly set out in this Agreement, we will not be liable in any way for any loss you suffer as a result of a Transaction being carried out in accordance with your instructions. If you believe there to be an error in connection with a Transaction or other problem as set out in this Section 15, then you should notify PE Global Partners LLC DBA Paymentearth Support at firstname.lastname@example.org or 1-800-566-0915.
If you think there has been an error or problem with your transfer, you must contact support no later than 180 days of the date we promised to you that the funds would be made available to the Recipient. When you do, please tell us as much of the following information as possible: (1) Your name and address; (2) The error or problem with the transfer, and why you believe it is an error or problem; (3) The name of the person receiving the funds, and if you know it, his or her telephone number or address; (4) The dollar amount of the transfer; and (5) The confirmation code or number of the
The law generally requires us to investigate and determine whether an error occurred within 45 days after you contact us, but typically we will conduct this investigation and make a determination within ten business days. We will inform you of our determination within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
If your Transaction history shows Transactions that you did not initiate, please contact Support at once to let us know. PE Global Partners LLC DBA Paymentearth Support must hear from you no later than sixty days after the date we make available to you the periodic statement in which the error appears. If you do not tell PE Global Partners LLC DBA Paymentearth Support, you may not get back any of the money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money had you told us in
Tell PE Global Partners LLC DBA Paymentearth Support at ONCE if you believe your user credentials have been compromised. Telephoning is the best way of keeping any losses to a minimum. Compromise of your credentials could allow thieves to access Your Account to make unauthorized payments.
“Business Day” for purposes of this Agreement means any day, other than a Saturday, Sunday, federal or New York state holiday, on which our offices are open for business.
Limitations of Liability. Neither we nor any of our agents, affiliates, holding companies, subsidiaries, employees, officers, directors, service providers, or subcontractors will be liable:
For losses or damages alleged to result from our failure to properly complete a Transaction (other than as just noted in Section 15 above);
For losses or damages alleged to result from our delay in completing a Transaction;
If, through no fault of ours, you do not have enough money in Your Bank Account or have not timely deposited sufficient funds with us to make the Transaction;
If your system or device was not working properly during your use of the Service and you knew about the breakdown when you started the Transaction;
For errors made by you or a Recipient, such as making a transfer to an unintended person or transferring an unintended amount;
For errors by your bank, such as the provision of incorrect bank account information for Your Bank Account;
For losses or damage arising from your misuse or inability to use the Service Website, whether due to reasons within our control or not;
For losses or damage to you from our inability to complete a Transaction because we are prohibited by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
19. Disclaimer of Liability.
IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.
Right of Set-Off. You agree that we are authorized at any time to set-off the funds deposited with us against your debts or liabilities owed to us. We may exercise this right of set-off without notice to
Changes to this Agreement. We may amend this Agreement at any time by posting a revised version on the Service Website (a “Change”). In the event that there is a Change which happens during the time which we have agreed to perform a Service for you but the Service has yet to be fully completed, the original terms and conditions (prior to any such Change) shall apply until such Service has been fully completed or has been cancelled or terminated in accordance with this Agreement, except where a Change is required by applicable law to take effect sooner. For the avoidance of doubt, any Change relating to the addition of a new service, extra functionality or any such change which we believe in our reasonable opinion neither reduces your rights nor increases your responsibilities shall be deemed to be effective immediately. You are recommended to retain a copy of this Agreement at the time a Service is requested for your records. You also may request a copy from us of the version of the Agreement in effect at the time of a particular Transaction that you have requested by emailing email@example.com.
Consent for Electronic Disclosures. The Service is an electronic commerce relationship. In order for the Service to be provided to you, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not use the Service. Your consent applies to all of the documents we provide to you electronically in connection with the Service, including receipts and
Access to electronic disclosures will be provided by way of the Internet. Your history of use of the Service is available for viewing online from your account on the Service Website. In order to view these disclosures, you will need a hardware device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the Internet to access our website. Additionally, Internet browser software is required to access the disclosures from a personal computer.
If you require a printed copy of your full printed copy of your transaction history, you can request this by emailing firstname.lastname@example.org.
We recommend you download or print a copy of this Agreement for your records. You may download a copy of this Agreement in PDF format. This document requires Adobe Acrobat Reader for viewing.
If you consent to electronic access to documents, we are not required to provide you with paper copies. You may obtain these documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify PE Global Partners LLC DBA Paymentearth at email@example.com or via telephone at 1-800-566-0915. Such notice will constitute notice of termination of your registration with us and preclude future use of the Service.
24. Limiting the Services and Termination
We may limit the Services available to you, terminate your registration or suspend or refuse a Transaction at any time, without notice, if we reasonably suspect any security risk associated with your registration or Transaction, or if we terminate your registration for the reasons set out in this Agreement. We will do our best to notify you prior to taking any such action. However, if prior notification is not practicable, we will promptly notify you by email after the suspension. We have no obligation to notify you should such a notification be impossible or unlawful.
We may immediately terminate your registration and this Agreement at any time without prior notice if in our reasonable opinion:
–we determine in our sole discretion that you are not eligible to use the Services or that you are using them for an impermissible purpose;
–you have materially breached the law, the terms of the Agreement or the terms of our referral or promotional programs;
–you engage in behavior that we in our sole discretion view as suspicious or otherwise of concern;
–duplicate accounts are opened for the same person;
–it is impossible to get in touch with you by the telephone number and email address you have provided;
–you or your bank initiate a chargeback or rejection of an attempted transfer;
–you are a charitable or non-profit organization.
We may suspend or refuse to execute Transactions if any of the reasons in
23.2.1 apply to the Recipient of the Transaction.
You may terminate your registration at any time by contacting Support at firstname.lastname@example.org or 1-800-566-0915. Termination, whether by you or by us, shall not affect prior Transactions or (except where required by law) obligations under this Agreement existing at the time of termination. Upon termination, PE Global Partners LLC DBA Paymentearth will retain records of your Transaction history in accordance with regulatory requirements and our and retention
Applicable Law and Arbitration. This Agreement is entered into in New York. This Agreement and any claim or controversy arising out of or relating thereto, including any claim against Paymentearth in connection with the Service (collectively, a “Claim”) is governed by the laws of the United States and the state of New York, without regard to conflicts or choice of laws principles, whether or not you live in New York.
YOU HEREBY CONSENT TO ARBITRATION OF ALL CLAIMS BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR WILL BE SELECTED AND THE ARBITRATION CONDUCTED PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NO “CLASS” OR SIMILAR GROUP ARBITRATION SHALL BE PERMITTED. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN NEW YORK ALTHOUGH YOU MAY ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY
LEGAL_US_E # 120376337.1
HEARING. The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).
Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.
You understand that, in return for your agreement to this Section, we are able to offer you the Service at the terms designated, and that your assent to this Section is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any Claim:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.
This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
You may not transfer or assign this Agreement to any other person without our prior written consent. We may assign our obligations to you under this Agreement without your consent or any prior notice.
English Language. This Agreement may be provided to you in English or any other language that we support. For the avoidance of doubt, any non-English version of the Agreement is provided for translation purposes only. In the event that any conflict arises between the English and non-English versions of the Agreement, the English version shall
Entire Agreement. This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between
Notices to Us. If you have any problems using the Service, you should contact PE Global Partners LLC DBA Paymentearth Support at 1-800-566-0915 (tel) or email@example.com. Any notice of legal claim or other process pursuant to this Agreement shall be delivered via email to firstname.lastname@example.org via post to:
PE Global Partners LLC
365 W 2nd Ave Suite 209
Escondido, CA. 92025
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